DEPARTMENT OF COMMUNITY HEALTH AND HUMAN SERVICES

PUBLIC HEALTH ADMINISTRATION

OFFICE OF THE STATE REGISTRAR

AMENDMENTS TO VITAL RECORDS

Filed with the secretary of state on

These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.  Rules adopted under these sections become effective 7 days after filing with the secretary of state.

(By authority conferred on the department of public health and human services by sections 2226, 2233, 2235, and 2896 of the public health code, 1978 PA Act No. 368, of the Public Acts of 1978, as amended, being S MCL 333.2226, 333.2233, 333.2235, and 333.2896 of the Michigan Compiled Laws)

R 325.3251, R 325.3252, R 325.3253, R 325.3254, R 325.3255, R 325.3259, R 325.3261, R 325.3262, R 325.3263, R 325.3266, and R 325.3267 of the Michigan Administrative Code are amended, and R 325.3264 is rescinded, as follows:

R 325.3251  Definitions. 

  Rule 1. (1) As used in these rules: 

   (a) "Addended record" means a replacement record containing the information as recorded on the registered record plus information added as an addendum to the record pursuant to section 2872 of the code, MCL 333.2872. 

   (b) "Amended record" means a replacement record that which is marked "amended," which contains the date of the amendment, and which identifies the items amended. 

   (c) "Applicant" means the individual who signs an application to correct a vital record document. 

   (d) "Code" means the public health code, 1978 PA Act No. 368 of the Public Acts of 1978, as amended, being S MCL 333.1101 to 333.25211. et seq. of the Michigan Compiled Laws.

   (e) "Date of application" means the date the application to correct a vital record document is received in the office of the state registrar. 

   (f) "New record" means a replacement record that is not marked to indicate changes made to the record. 

   (g) “Next of kin” means the adult individual or individuals most closely related to the registrant in the following order of priority: 

    (i) The registrant’s spouse. 

    (ii) The decedent's children. 

    (iii) The decedent's grandchildren. 

(iv) The decedent's parents. 

(vi) The decedent's grandparents. 

(v) The decedent's siblings. .

   (gh) "Registered record" means a record accepted by the state registrar for incorporation into the permanent official records of the system of vital statistics. 

   (hi) "Registrant" means the individual to whom the record pertains. 

   (ij) "Replacement record" means a record prepared by the department to replace an existing registered record. 

  (2) The terms A term defined in part 28 of the code has have the same meaning meanings when used in these rules. 

R 325.3252  Certified copies of replacement records; requirements. 

  Rule 2. (1) A certified copy of an addended record shall must show all of the following on its face: 

   (a) The information from the registered record. 

   (b) The addended information. 

   (c) The basis for the addendum. 

  (2) A certified copy of an amended record shall must show on its face all amendment notations on its face and shall be marked "amended." 

  (3) A certified copy of a new record shall must not show on its face evidence of the changes made on its face. 

R 325.3253  Basis for preparing replacement records. 

  Rule 3. To protect the integrity and accuracy of the system of vital statistics, a certificate or record registered under sections 2821, 2827, 2829, 2834, 2841, or 2846, or 2864 of the code may be replaced by an addended, an amended, or a new record only as prescribed by these rules. 

R 325.3254  Replacement record request; content of application. 

  Rule 4. (1) Unless otherwise specified in these rules or statute, all requests for changes to vital records documents shall must be made on an application to correct a vital record document as prescribed by the state registrar. The application shall must set forth all of the following: 

   (a) All the information necessary to identify the registered record. 

   (b) The incorrect information as recorded on the registered record. 

   (c) The information as it should appear on the replacement record. 

  (2) The completed application shall must be accompanied by both of the following: 

   (a) The proper fee prescribed by law. 

   (b) The minimum supporting documentary evidence required by these rules. 

  (3) A request shall not be accepted which is not  must be made on an application form prescribed by the state registrar and which is not must be accompanied by the required fee. 

R 325.3255  Review of applications and evidence by state registrar; dismissals and denials of

  applications. 

  Rule 5. (1) The state registrar shall evaluate each application and the evidence submitted in support of the request to change a registered vital record document. 

  (2) The state registrar may in his their discretion require the submission of additional documentary evidence to support a requested change. 

  (3) The state registrar shall dismiss an application when additional evidence requested is not received within 6 months after of the request for the additional evidence. When an application is dismissed, the state registrar shall send a written notice of dismissal to the applicant and return the documentary evidence. The state registrar shall retain the application fee submitted shall be retained. 

  (4) The state registrar shall deny an application when the applicant is not eligible to apply, or when the applicant cannot provide satisfactory documentary evidence in support of the facts. When an application is denied, a written notice of denial shall must be forwarded to the applicant which that indicates the reason for the denial. All documentary evidence shall be returned to the applicant. The application fee submitted shall be retained, except if the applicant is not eligible to apply. The application fee must be refunded. 

(5) If, after review of the application and the evidence, the state registrar is satisfied that the evidence supports the requested change, the state registrar shall prepare the appropriate replacement record and place it in the active files of the system of vital statistics. 

 R 325.3259  Amendment of amended or court-established records -record. 

  Rule 9. (1) Items on a record previously amended under these rules shall must not be amended again by the state registrar, unless it can be documented that the amendment was made in error by the office of the state registrar or upon order of a court of competent jurisdiction. 

  (2) Items on a record originally established, entered, or amended pursuant to a court order can only be amended upon order of a court of competent jurisdiction.

R 325.3261  Rescission of replacement records. 

Rule 11. (1) If the state registrar becomes aware that a replacement record is invalid or that the evidence received in support of the preparation of the replacement record is false or invalid, the replacement record shall must be rescinded. The prior record shall be unsealed and placed in the active file. A new record must be created containing the same facts as the original record.

  (2) The state registrar shall forward notice of the rescission to the last known address of the applicant.

  (3) The state registrar shall notify the local registrar of the rescission of the replacement record. and instruct the local registrar to activate the prior record.

R 325.3262  Change to birth or death records; notification of local registrar; local registrar

  duties. 

  Rule 12. (1) When the state registrar makes a change to the official recording of a birth or death, he or she the state registrar shall notify the local registrar who retains a record of the event of the change. 

  (2) Upon notification of a change to a registered record, the local registrar shall  seal the existing record as directed by the state registrar.  

  (3) The local registrar shall properly record the change as directed by the state registrar. 

R 325.3263  Preparation of replacement records. 

  Rule 13. (1) The department shall prepare a new record as a replacement for a registered record when the state registrar receives any of the following: 

   (a) Documents described in sections 2831 and 2872 of the code, MCL 333.2831 and 333.2872, as evidence of: 

    (i) Adoption. 

    (ii) Paternity. 

    (iii) Legitimation. 

    (iv) Sex designation. 

    (v) Legal change of name of a minor. 

   (b) A request, within 12 months of after the date of the event, for additions or minor amendments. These amendments shall be are limited to the following: 

    (i) Obvious errors. 

    (ii) Transpositions of letters or numbers. 

    (iii) Omissions. 

    (iv) Changes to the registrant's given names or the addition of a surname suffix, for example: "Jr.," "II," or "III." 

   (c) A request received within 6 years of after the date of the event and documentary evidence to add the registrant's given name to a birth record where the given name is missing on the registered record. 

   (d) An order issued by a court of competent jurisdiction requiring the department to 

prepare a new record. 

   (e) Documentation showing a change in an action of a court that is documented in the system of vital statistics. 

   (f) Evidence of an error in an entry made by the office of the state registrar or a local registrar. 

  (2) The department shall prepare an addended record as a replacement for a registered record when the state registrar receives documents described in section 2872(2) of the code, MCL 333.2872, as evidence of a legal change of name. 

  (3) An amended record shall must be prepared when it is not appropriate under these rules or statute the code to prepare an addended record or a new record. 

R 325.3264  Preservation of original information. Rescinded.

Rule 14. A change to the information initially recorded on an original record shall not be made to the face of the original vital record document after it is registered, unless changed pursuant to R325.3212.

R 325.3266  Requests for changes to vital records documents; eligible persons.

  Rule 16. (1) A change to a registered birth record may be requested by any of the following: 

   (a) The parents named on the record. 

   (b) A parent not named on the record who can establish that he or she that individual may be named pursuant to section 2824 of the code, MCL 333.2824, for the purpose of having his or her that individual’s name added to the record. 

   (c) The legal guardian of the registrant.  

   (d) The registrant, if 18 years of age or older or legally emancipated.

   (e) An heir to the registrant, if the registrant and the parents of the registrant are deceased with a court order to change the record.

   (f) The individual or facility administrator responsible for filing the original certificate. 

   (g) A legal representative of any individual listed in subdivisions (a) to (f) of this subrule. 

  (2) A change to a registered death record may be requested by any of the following: 

(a) The informant listed on the death certificate.

   (ab) The next of kin of the deceased. within 5 years of the date of death.  If next of kin cannot be determined or is disputed,  or more than 5 years have passed since the date of death, a court order is required. 

   (bc) The funeral director or the person individual responsible for the disposition of the deceased. 

   (cd) The physician who certified to the cause of death, as follows: 

    (i) The physician who certified to the cause of death may only request a change to the following: 

     (A) The date of death. 

     (B) The place of death. 

     (C) The medical facts of death. 

    (ii) In cases where a physician has certified to the cause and manner of death in his or her that physician’s capacity as a county medical examiner or deputy county medical examiner, requests to amend the cause or manner of death on the death record may be made by any of the following: 

     (A) The physician who certified to the cause of death. 

     (B) The chief county medical examiner. 

     (C) A deputy county medical examiner, other than the original certifier, who is authorized by the chief county medical examiner to request a change to a registered record. The chief county medical examiner shall provide the state registrar with a listing of the names of deputy county medical examiners authorized to request amendments to records for which they are not the certifier. The chief county medical examiner shall notify the state registrar when there are changes to the list of authorized deputy county medical examiners. 

    (iii) In cases where the certifying physician is now deceased, requests may be made by a physician who attests to having knowledge of the facts of death. 

    (iv) In all cases where the physician who makes the request is not the certifying physician named on the registered record, the name of the certifying physician on the replacement record shall be changed to reflect the name of the new certifying physician. 

  (3) Requests to change a registered marriage record shall be made pursuant to Act No. 128 of the Public Acts of 1887, as amended, being S551.101 et seq. of the Michigan Compiled Laws. Marriage and divorce records are not subject to correction by the state registrar’s office.

(4) A change to a registered report of divorce or annulment may be requested by any of the following:

(a) The custodian of the official record from which the report was prepared when the items to be changed are part of the divorce or annulment decree.

(b) Query by the state registrar when the items to be changed are not part of the divorce or annulment decree.

(c) Either of the parties to the divorce or annulment when the items to be changed are not part of the divorce or annulment decree.

(d) The legal representative of either of the parties of the divorce or annulment when the items to be changed are not part of the divorce or annulment decree.

R 325.3267  Correction of vital record information; evidence required. 

  Rule 17. (1) Before the sixth birthday of the registrant, dDocumentary evidence is not required to correct the spelling of the registrant's first or middle name on a registered birth record if the request is made by either parent all parents named on the birth record. before the sixth birthday of the registrant.

  (2) To delete the name of a father recorded on a registered birth record, the department must receive a true or certified copy of a court order requiring removal of the father or a court determination of non-paternity., which  that contains an explicitly statement to the effect that, based on the evidence presented to the court, the man named on the registered birth record as the father is not the father of the registrant, is required. 

  (3) To change the cause or mode of death on a registered death record, the department must receive a certified copy of a court determination of the facts or the affidavit request of a person named in R 325.3266(2)(a) to (d) (c). is required.

(4) Changes to the marital status or name of the surviving spouse on a registered death record require a court order naming the surviving spouse, except to make minor spelling corrections or where there is a demonstrated error by the funeral home. 

  (45) Except as specified in subrule (1), (2), or (3) or (4) of this rule, or except as otherwise specified by law statute or rule, a request to amend a vital record shall must be accompanied by a certified copy of a court order specifying the correct facts or 1 or more pieces of the following documentary evidence items of documentary evidence that support the alleged facts. All documents presented must contain sufficient information to clearly indicate that they pertain to the registrant on the record for which the amendment or correction has been requested. Acceptable documents include, but are not limited to, the following: 

(a) Records of regularly conducted activity as specified in rule 803(6) of the Michigan rules of evidence.

(b) Public records and reports as specified in rule 803(8) of the Michigan rules of evidence.

(c) Records of vital statistics as specified in rule 803(9) of the Michigan rules of evidence.

(d) Records of religious organizations as specified in rule 803(11) of the Michigan rules of evidence.

(e) Marriage, baptismal, and similar certificates as specified in rule 803(12) of the Michigan rules of evidence.

(f) Family records as specified in rule 803(13) of the Michigan rules of evidence.

(g) Records of documents affecting an interest in property as specified in rule 803(14) of the Michigan rules of evidence.

(h) Statements in ancient documents as specified in rule 803(16) of the Michigan rules of evidence.

(a) Certified copy of a marriage record. 

   (b) Certified copy of a live birth record of the registrant’s child. 

   (c) School records. 

   (d) Social security records. 

   (e) Passports or visas. 

   (f) Military records. 

   (g) Federal government census records. 

   (h) Government agency records for benefit establishment such as social services, Medicaid, clinical services, or similar services. 

   (i) Medical records.  

   (j) Other documents deemed to be valid and adequate by the state registrar to support the requested change. 

  (6) For live birth records, the documents submitted must have been established before the registrant’s 18th birthday or at least 10 years before the date of application for the amendment or correction. The state registrar may make exceptions for other documents such as court orders, passports, or other evidence that clearly support the facts of live birth.